Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30331 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== Murari Kumar, son of Ranjit Singh @ Ranjit Prasad Singh R/o villageAbhaypur Kasba, P.S.- Piribazar, Distt.- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2022 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and Mr. Tarun Prasad Mandal, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Suryagarha (Manikpur O.P) P.S. Case No. 281 of 2021, for the offence punishable under Section 394 of the Indian Penal Code. As per the allegation made in the F.I.R. two unknown miscreants snatched the bag of the informant containing Rs. 1,50,000/-.

Learned counsel appearing on behalf of the petitioner submits that the F.I.R. is against unknown. The name of the petitioner surfaced in the present case on the basis of confessional statement of co-accused Sintu Kumar. Nothing has

Patna High Court CR. MISC. No.30331 of 2022(2) dt.30-08-2022 2/3 been recovered from the conscious possession of the petitioner. The petitioner has not been put on T.I.P. Chargesheet has already been submitted and the petitioner is in custody since 27.01.2022. The petitioner has two criminal antecedent which has been specifically mentioned in paragraph No.3 of the bail application.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the allegation made in the F.I.R. about alleged snatching of bag containing Rs. 1,50,000/- by unknown miscreants, the petitioner has not been put on T.I.P. as yet, the Chargesheet has already been submitted and there is no likelihood of the trial to be concluded in near future, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha (Manikpur O.P) P.S. Case No.281 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.30331 of 2022(2) dt.30-08-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T